24 JURISDICTION25 10. This Court has original subject matter jurisdiction over this copyright26 infringement action pursuant to 28 U.S.C. § 1331 and 28 U.S.C. § 1338(a).27 11. Righthaven is the owner of the copyright in the literary work entitled: “The TSA‟s28 mini „Watch List‟” (the “Work”), attached hereto as Exhibit 1.

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1 12. At all times relevant to this lawsuit, the Work has depicted and depicts the 2 original source publication as the Las Vegas Review-Journal. 3 13. The Defendants willfully copied, on an unauthorized basis, a substantial and 4 significant portion of the Work from a source emanating from Nevada. 5 14. On or about May 26, 2010, the Defendants displayed, and continue to display, an 6 unauthorized reproduction of the Work (the “Infringement”), attached hereto as Exhibit 2, on the 7 Website. 8 15. At all times relevant to this lawsuit, the Defendants knew that the Work was 9 originally published in the Las Vegas Review-Journal.10 16. The Defendants‟ display of the Infringement was and is purposefully directed at11 Nevada residents.12

13 VENUE14 17. The United States District Court for the District of Nevada is an appropriate15 venue, pursuant to 28 U.S.C. § 1391(b)(2), because a substantial part of the events giving rise to16 the claim for relief are situated in Nevada.17 18. The United States District Court for the District of Nevada is an appropriate18 venue, pursuant to 28 U.S.C. § 1400(a), because the Defendants are subject to personal19 jurisdiction in Nevada.20

21 FACTS22 19. The Work constitutes copyrightable subject matter, pursuant to 17 U.S.C. §23 102(a)(1).24 20. Righthaven is the owner of the copyright in and to the Work.25 21. The Work was originally published on May 25, 2010.26 22. On July 14, 2010, the United States Copyright Office (the “USCO”) granted27 Righthaven the registration to the Work, copyright registration number TX0007173597 (the28

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1 “Registration”) and attached hereto as Exhibit 3 is evidence of the Registration in the form of a 2 printout of the official USCO database record depicting the occurrence of the Registration. 3 23. On or about May 26, 2010, the Defendants displayed, and continue to display, the 4 Infringement on the Website. 5 24. The Defendants did not seek permission, in any manner, to reproduce, display, or 6 otherwise exploit the Work. 7 25. The Defendants were not granted permission, in any manner, to reproduce, 8 display, or otherwise exploit the Work. 9

10 CLAIM FOR RELIEF: COPYRIGHT INFRINGEMENT

11 26. Righthaven repeats and realleges the allegations set forth in Paragraphs 1 through12 25 above.13 27. Righthaven holds the exclusive right to reproduce the Work, pursuant to 1714 U.S.C. § 106(1).15 28. Righthaven holds the exclusive right to prepare derivative works based upon the16 Work, pursuant to 17 U.S.C. § 106(2).17 29. Righthaven holds the exclusive right to distribute copies of the Work, pursuant to18 17 U.S.C. § 106(3).19 30. Righthaven holds the exclusive right to publicly display the Work, pursuant to 1720 U.S.C. § 106(5).21 31. The Defendants reproduced the Work in derogation of Righthaven‟s exclusive22 rights under 17 U.S.C. § 106(1).23 32. The Defendants created an unauthorized derivative of the Work in derogation of24 Righthaven‟s exclusive rights under 17 U.S.C. § 106(2).25 33. The Defendants distributed, and continue to distribute, an unauthorized26 reproduction of the Work on the Website, in derogation of Righthaven‟s exclusive rights under27 17 U.S.C. § 106(3).28

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1 34. The Defendants publicly displayed, and continue to publicly display, an

2 unauthorized reproduction of the Work on the Website, in derogation of Righthaven‟s exclusive 3 rights under 17 U.S.C. § 106(5). 4 35. Mr. Kennard has willfully engaged in the copyright infringement of the Work. 5 36. Mr. Lee has willfully engaged in the copyright infringement of the Work. 6 37. Serkadis has willfully engaged in the copyright infringement of the Work. 7 38. The Defendants‟ acts as alleged herein, and the ongoing direct results of those 8 acts, have caused and will continue to cause irreparable harm to Righthaven in an amount 9 Righthaven cannot ascertain, leaving Righthaven with no adequate remedy at law.10 39. Unless the Defendants are preliminarily and permanently enjoined from further11 infringement of the Work, Righthaven will be irreparably harmed, and Righthaven is thus12 entitled to preliminary and permanent injunctive relief against further infringement by the13 Defendants of the Work, pursuant to 17 U.S.C. § 502.14

15 PRAYER FOR RELIEF

16 Righthaven requests that this Court grant Righthaven‟s claim for relief herein as follows:17 1. Preliminarily and permanently enjoin and restrain the Defendants, and the18 Defendants‟ officers, agents, servants, employees, attorneys, parents, subsidiaries, related19 companies, partners, and all persons acting for, by, with, through, or under the Defendants, from20 directly or indirectly infringing the Work by reproducing the Work, preparing derivative works21 based on the Work, distributing the Work to the public, and/or displaying the Work, or ordering,22 directing, participating in, or assisting in any such activity;23 2. Direct the Defendants to preserve, retain, and deliver to Righthaven in hard copies24 or electronic copies:25 a. All evidence and documentation relating in any way to the Defendants‟26 use of the Work, in any form, including, without limitation, all such evidence and27 documentation relating to the Website;28

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1 b. All evidence and documentation relating to the names and addresses

2 (whether electronic mail addresses or otherwise) of any person with whom the 3 Defendants have communicated regarding the Defendants‟ use of the Work; and 4 c. All financial evidence and documentation relating to the Defendants‟ use 5 of the Work; 6 3. Direct HostGator and any successor domain name registrar for the Domain to lock 7 the Domain and transfer control of the Domain to Righthaven; 8 4. Award Righthaven statutory damages for the willful infringement of the Work, 9 pursuant to 17 U.S.C. § 504(c);10 5. Award Righthaven costs, disbursements, and attorneys‟ fees incurred by11 Righthaven in bringing this action, pursuant to 17 U.S.C. § 505;12 6. Award Righthaven pre- and post-judgment interest in accordance with applicable13 law; and14 7. Grant Righthaven such other relief as this Court deems appropriate.15